EB-1 Extraordinary Ability USCIS Appeal Review – Martial Arts Athlete and Teacher – NOV082024_01B2203

Date of Decision: November 8, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1 Extraordinary Ability

Petitioner Information

Profession: Martial Arts Athlete and Teacher
Field: Mixed Martial Arts and Martial Arts Coaching
Nationality: Not specified in the document

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Withdrawn and remanded for further determination

Evidentiary Criteria Analysis

The petitioner sought to meet at least three of the ten regulatory criteria under 8 C.F.R. § 204.5(h)(3). Upon review, the Administrative Appeals Office (AAO) determined that the petitioner satisfied at least three criteria, prompting a remand for a final merits determination.

Criteria Met:

  1. Lesser Nationally or Internationally Recognized Prizes or Awards:
    • The petitioner demonstrated receipt of multiple awards, including two world championships and 16 professional Mixed Martial Arts (MMA) victories, which were deemed sufficient evidence for this criterion.
  2. Participation as a Judge of the Work of Others:
    • The petitioner provided evidence of serving as a judge for martial arts competitions, meeting the evidentiary standards for this criterion.
  3. Published Material About the Petitioner:
    • Articles and media coverage from major MMA-focused platforms, such as MMA Fighting, were accepted as professional and major media coverage about the petitioner’s work.

Key Points from the Decision

Published Material Evidence:

  • The petitioner submitted articles from credible MMA-focused publications. Traffic data and category rankings validated the significance of the platforms, satisfying the criterion for published material.

Judging Contributions:

  • Documentation of the petitioner’s role as a judge in martial arts competitions met the evidentiary standard.

Awards Evidence:

  • Awards and achievements in world championships and professional MMA events were sufficient to demonstrate recognition in the field.

Final Merits Determination:

  • The AAO remanded the case to the Director for a final merits determination to evaluate whether the petitioner demonstrated sustained national or international acclaim and recognition as one of the very top individuals in the field.

Supporting Documentation

Award Evidence: Documentation of world championships and professional MMA victories.
Published Material Evidence: Articles from MMA-focused platforms with validated audience metrics.
Judging Evidence: Records of participation as a judge in martial arts competitions.

Conclusion

Final Determination: The Director’s decision was withdrawn, and the matter was remanded for further evaluation.
Reasoning:
The petitioner met three regulatory criteria under 8 C.F.R. § 204.5(h)(3). The case was remanded to determine whether the petitioner demonstrated extraordinary ability through sustained national or international acclaim.

Download The Full Petition Review Here

Emmanuel Uwakwe
Emmanuel Uwakwe

I studied Electrical and Electronics Engineering and have a huge passion for tech related stuff :)

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